Potential impacts of expunging past criminal history records under the Cannabis Regulation and Tax Act of 2019, as amended by Senate Bill 1557, House Amendment 1 (SB 1557, HA 1)

This report summarizes the number of cases and people affected. Second, a chart displays the cases categorized into twelve groups. Finally, the report provides a narrative description of each step in the analysis and discusses potential implementation and interpretation challenges. These estimates are based on SPAC’s interpretation of the law as amended. Other reasonable interpretations and the exercise of agency discretion in implementation could change these numbers.

SB 1557, HA 1 changes the pardon and expungement processes for minor cannabis convictions. The amendment shifts approximately 16,000 cases out of over 119,000 from the cohort that requires petitions to be filed by either the individual or the State’s Attorney to the cohort that is processed by the Prisoner Review Board and pardoned by the Governor.

572,000 cases could be eligible for the automatic expungement as Minor Cannabis Offense (MCO) arrests and non-conviction dispositions.

• Non-conviction includes dismissals, nolle prosequi, and acquittals. Cases without dispositions (174,000 cases) are not included in this number.
• These cases relate to 394,000 people.
• 72% of these cases are from Cook County.

85,000 cases could be eligible for the pardon process as Minor Cannabis Offense convictions.

• Convictions for Minor Cannabis Offenses can be processed either through the pardon process, individual or legal aid vacate and expunge requests, or vacate and expunge requests made by the county State’s Attorney.
• These cases relate to 73,000 people.
• 35% of these cases are from Cook County.

An additional 34,000 cases, not including the pardon process cases, could be eligible for the State’s Attorney vacate and expunge process.

• Convictions for misdemeanor and Class 4 felony cannabis possession or possession with the intent to deliver can be requested to be expunged by the individual or legal aid or the county State’s Attorney. This number is provided as mutually exclusive of Minor Cannabis Offense convictions.
• These cases relate to 32,000 people.
• 52% of these cases are from Cook County.